Magistrates Report Finance Minister and Treasury Officials to SPAK Over Unpaid Salaries

Albanian magistrates have filed a criminal complaint with the Special Prosecutor’s Office (SPAK) over the failure to pay their August salaries under a new pay formula, naming Finance Minister Petrit Malaj, Secretary-General Gentian Keri and 14 Treasury officials across the country.

The complaint, filed on September 8, was signed by 18 court presidents, as well as the associations representing prosecutors and judges.

The magistrates are asking SPAK to investigate potential criminal offenses including abuse of office, obstruction of the enforcement of court decisions, and unjustified failure to enforce a court decision.

According to the complaint, a Constitutional Court ruling on magistrates’ salaries should have been implemented after Parliament failed to act within the deadline set by the court. The High Judicial Council (KLGJ) and the High Prosecutorial Council (KLP) subsequently adopted decisions establishing the new reference salary, effective August 1, 2026.

Court and prosecution heads then instructed their respective institutions to prepare payrolls based on the new formula. However, according to the magistrates, Treasury offices in 14 districts refused to execute the payments, citing instructions from the Ministry of Finance.

The magistrates argue that the Treasury had no authority to suspend payments approved by the competent bodies of the justice system or to independently interpret how the Constitutional Court’s ruling should be implemented.

They also dispute the Finance Ministry’s position that the new salaries could not be paid without Parliament first approving the necessary legal amendments. The magistrates maintain that Constitutional Court decisions are final and legally binding.

The complaint asks SPAK to examine the actions of the Finance Minister, the ministry’s Secretary-General and the Treasury officials involved, and to determine whether they exceeded their powers or abused their office.

The Ministry of Finance has previously said that the August salaries could not be paid under the new formula requested by judges and prosecutors because the relevant legal amendments had not yet been approved by Parliament.

In a letter to the High Judicial Council and High Prosecutorial Council, Finance Minister Petrit Malaj reportedly asked that the August payrolls be submitted using the methodology in effect through July, arguing that the changes stemming from the Constitutional Court ruling had not yet been incorporated into legislation.